HC split verdict on Khaleda plea
Monday, 26 May 2014
A High Court (HC) bench has issued a split verdict on BNP chief Khaleda Zia's appeal challenging the legality of appointment of a lower court judge who indicted her in two corruption cases, reports bdnews24.com.
While Justice Farah Mahbub issued a ruling and ordered the stopping of the proceedings, the other judge Kazi Md Ejarul Haque Akondo wanted to scrap the petition.
As per rule, the matter will now be forwarded to the Chief Justice as a result of the split verdict.
He will assign a third bench to hear the pleas.
Dhaka's Special Judge-3 Basudeb Roy indicted the former prime minister in 'Zia Charity Trust' and 'Zia Orphanage Trust' cases on March 19. She moved the HC, challenging the indictment but the court threw out her plea.
On May 12, Khaleda challenged the appointment of Mr Roy without publishing any gazette notification.
Defence counsel Mohammad Ali said the publication of a gazette was necessary to appoint a judge in any special court and to determine their jurisdiction.
The procedure had been ignored in case of Mr Roy, he added. That's why, he argued, Roy's appointment was illegal and that the proceedings by him are not valid either.
However, Attorney General Mahbubey Alam contended that Mr Roy was appointed through a gazette notification.